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Terms and conditions


 
Terms & Conditions
 
ARRIVAL INSTRUCTIONS:
Directions along with other information will be provided seven days or less within date of arrival with a balance of zero.
UPON ARRIVAL: Cabin will be staged, open, and ready for your arrival.
PLEASE NOTE:   Do not contact the front desk at the Sundance Resort.  SML has no affiliation with the resort and they are not able to provide assistance with driving directions or other services.   Please notify others in your party that are arriving separately of this request.

TERMS AND CONDITIONS:
A completed  Vacation  Rental Agreement  is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Stewart Mountain Lodging Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued. 

RATES:
Rates are quoted on a per night basis as noted. Unless specified, check-in is at 4:00 p.m., and check-out is at 11:00 a.m. on the day of departure. Charges vary and are subject to change without notice. All properties represented by Stewart Mountain Lodging come fully equipped with linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.
 
ADDITIONAL CHARGES (not included in rate):
Rates do NOT include daily maid service, gratuities, long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
 
RESERVATIONS AND PAYMENTS:
Payment of the applicable 30% Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by Stewart Mountain Lodging before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Stewart Mountain Lodging at least thirty (30) days prior to guest arrival (or immediately if booked less than thirty (30) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancelation.
If you have paid by credit card, we will charge your card on file for the remaining balance 30 days prior to arrival. If you wish to make other payment arrangements, you will be required to contact us no later than 45 days prior to the date of arrival. If you prefer to pay your balance over the phone, please call us at 801-229-1111.
  
CONDITION OF RENTAL:
The property shall be in the same condition upon departure as at check-in. Stewart Mtn Lodging or its agents may enter the property at reasonable times to make repairs or provide maid service. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Owner or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guest may not sublet or assign this rental agreement. Guest shall be responsible to return all keys and gate or garage door openers upon departure. Guest shall abide by the House Rules of the Property Manager, and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the property without notice (see below for more details). Guest will not smoke indoors. No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest shall not permit any use of Jacuzzi by unsupervised children or other guests. Guest and other invitees shall use the Jacuzzi at their own risk. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
 

DAMAGE WAIVER: 

Damage Waiver, Capacity Restrictions, and Home Compliance Inspections: Our properties are inspected before and after each reservation. Vacationers who have purchased the Accidental Damage Waiver and have paid the required cost from $25-$75.00 depending on the property booked, will not be obligated to pay, subject to the conditions referred to below, for Accidental Damage to real or personal property of the Property Owner that is occupied by the Vacationer up to $1,500.00. The Property Owner waives the right to charge the Vacationer for theft or damages to the Property as a result of inadvertent acts or omissions from the date the Vacationer checks-in to the Property to the date of check-out.

The Accidental Damage Waiver has certain conditions. The Waiver will not waive liability for damage or theft resulting from:
  • Intentional acts and omissions by a Vacationer and/or their guests.
  • When the consequences to the Property could have been foreseen by a reasonable person including additional cleaning and/or maintenance resulting from abuse and/or neglect.
  • Negligence which, for the purposes of this Waiver, shall be defined as an act by a Vacationer and/or their guests that is reckless or disregards the consequences to the Property including loss or damage by animals;
  • Any cause, if the Vacationer does not report the damage immediately to the SML prior to checking out of the Property; *
  • Loss or damage for Vacationer damages in excess of $1,500.00.
  • The Waiver does not apply for theft or damage of any property owned by or brought on to the premises by a Vacationer and their guests.
  • In the event of loss or damage to the Property caused by such acts or omissions by the Vacationer and/or their invitees, the Vacationer will be entirely liable for such damages. Any of the aforementioned issues or damages may be debited from the credit card submitted by the Vacationer to the Company.
ADMINISTRATIVE PROCEDURES
All waivers of theft or damage will be evaluated by the SML staff at the Property. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. The Vacationer must report in writing (email, text) any theft or damage to the Property or its contents to staff of the SML by the time of check-out or any otherwise applicable damage waiver for such Vacationer will be void. The SML manager has ultimate administration authority. In the event of any dispute relating to this waiver, the SML may require such dispute be submitted to binding arbitration.

WAIVER FEES ARE NON-REFUNDABLE

PET POLICY:
We are a dog-friendly company with select cabins designated as dog-friendly while other properties have a strict "No Pets" policy. Additional fees apply; please contact us for more information if you wish to bring a pet. Rentals that are dog-friendly will be specifically noted on each property information page and will be detailed within your reservation confirmation. Any guest found with a pet in a property that is not pet friendly will be required to vacate the premises without refund. "Visiting" pets are not allowed unless you have reserved a pet-friendly property and all dogs at the property at any time are identified on the separate pet contract. If you bring a dog or other pet to your cabin rental without prior arrangements or notification a minimum fee of $500.00 will be charged plus the nightly fees that accompany a dog.

LIMITATION OF LIABILITY:
Under no circumstances shall Stewart Mountain Lodging be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Stewart Mountain Lodging or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Stewart Mountain Lodging, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Stewart Mountain Lodging will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include boating, golfing, swimming, zip-lining, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Sundance. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, icy walkways, sidewalks, and paths, decks/balconies with spaces between rails (dangerous for little children), faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this property, you acknowledge that in all events and circumstances, Stewart Mountain Lodging, its officers and employees, shall not be liable. Stewart Mountain Lodging reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
 
INSURANCE:
You understand that our insurance does not cover your belongings or damage that you cause. You agree that neither we nor the Property Owner are responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
                
CHANGES TO A BOOKING:
An additional administrative fee may be charged by Stewart Mountain Lodging for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by Stewart Mountain Lodging.

CANCELATION AND REFUNDS:
Cancelation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancelation within the 30-day period prior to check-in may result in forfeiture of the entire rental amount. Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) The property is re-booked for the same time period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 3.5% of deposit(s) paid and a non-refundable cancelation fee of $50.00. 

 
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS: 
If a catastrophe (fire, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Stewart Mountain Lodging is not responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Sundance, the threat of a hurricane, flood, or fire is always present during certain months of the year, and we all assume this risk. There will be no refunds of any kind for evacuations.

OTHER POLICIES:
Additional Guests—Occupants beyond confirmed reservation are subject to additional charges of $25 per guest, per night.
Parking—Directions and parking access will be sent in advance of your stay. Vehicles parked on the road will be towed at the renters expense. 
Winter Access—November through March. All-wheel drive or chains are MANDATORY.
Bottled Water—No need for bottled water. Enjoy perfect mountain spring water right from the tap.
Recycling—SML provides containers for recycling.
Missing Keys—A charge of $25.00 will apply for missing house keys.

Gatherings:  Attending guests must not exceed the maximum sleeping capacity of the property without written (text or email) approval.  Non-disclosure of any unapproved gathering is subject to a $1500  fine and will be charged to the credit card that was used for payment of the booking.

Group Events —Attendance beyond the reserved guests subject to prior approval. Select homes and venues can accommodate larger groups with prior permission. Additional event fees will apply. inquire for more details. If events are held at a rental without prior approval, a minimum fine of $1,500 will apply.  
 
NON-SMOKING -  Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. Violation of this policy will result in an additional damage and deep cleaning fee of $1000. These are all privately owned homes and the owners do not allow smoking. 

THE HOLLOW'S ZIP LINE INDEMNITY AGREEMENT:
I/we acknowledge that my and my party's participation in a Zip line  entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

I/we, the undersigned, represent that I/we understand the nature of the activity and am qualified, in good health, and in proper physical condition to participate. The zip line is designed for participants of average mobility and strength who are in reasonably good health. I/we understand that certain factors including but not limited to pregnancy, back or spine problems, high blood pressure, arthritis, tendonitis, fear of heights and other physical and psychological conditions may impair the safety and well-being of participants. The zip line is not recommended for anyone who has a history of neck, back, or spine injuries. Participants with underlying medical problems that put them at greater risk of injury or illness during the activity must carefully consider those risks before choosing to participate.

I/we hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Stewart Mountain Lodging from any and all claims, demands, or causes of action, which are in any way connected with the participation of myself, group, or invited guests in this activity including any such claims which allege negligent acts or omissions of Stewart Mountain Lodging. By signing this document below, I/we acknowledge that if anyone is hurt or killed or property is damaged during my participation in this activity, I may be found by court of law to have waived my rights to maintain a lawsuit against Stewart Mountain Lodging on the basis of any claim from which I/we have released them herein. I/we agree to be bound by its terms.

IMPORTANT NOTICE:
Stewart Mountain Lodging is NOT affiliated with the Sundance Resort. Guest services from the Sundance Resort including shuttle transportation, concierge, front desk, or maintenance are not available to guests of Stewart Mountain Lodging.  SML guests have access to all restaurants, recreation, public events, Spa, Art Shack, General Store, Ski School and equipment rentals.  Please provide driving directions for any invited guests so as not to impose on the Sundance Resort front desk for directions or other services.

RESIDENTS OF THE EUROPEAN UNION
The following disclosure is made pursuant to the European General Data Protection Regulation (GDPR): 
As a data controller of our clients' personal data, we are committed to protecting and respecting your privacy in compliance with EU- General Data Protection Regulation (GDPR) 2016/679, dated April 27th 2016. This privacy statement explains when and why we collect personal information, how we use it, the conditions under which we may disclose it to others and how we keep it secure. This Privacy Statement applies to the use of our products and to our sales, marketing and customer contract fulfillment activities. You have the right to withdraw your consent at any time ; and to submit a complaint to the relevant supervisory data protection authority. For additional details visit our Privacy Policy Page.

ACKNOWLEDGEMENT :
I/we, the undersigned, hereby apply for the above listed accommodation and warrant that I/we have read, understand and agree to the terms and conditions of this application, and I/we agree to abide by homeowners/agents/association restrictions on use of said property. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
 
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES ONLY

RIGHT TO SUBSTITUTE: Should the owner of any Home elect to remove their Home from our rental program, sell their Home, or a Home were to become uninhabitable, the guest shall not hold Stewart Mountain Lodging liable. In such an instance, the guest will be relocated to comparable accommodations determined by the rental agency. If comparable accommodations are not available, the guest will receive a full refund.

INITIAL RENTAL CHARGES WILL NOT BE CHARGED TO THE CARD UNLESS PREVIOUSLY AGREED.-
Per Page 1 of this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to Guest credit card if necessary.
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